ATLANTA — A Georgia appeals court has set an October hearing over former President Donald Trump’s continued efforts to have Fulton County District Attorney Fani Willis removed as the prosecutor in the case she brought against him related to his attempt to overturn the 2020 election.

The arguments are tentatively scheduled for Oct. 4, according to a notice in the case. A briefing from Trump in the case is due in 20 days.

“We look forward to presenting arguments before Judges Brown, Markle, and Land on why this case should be dismissed and Fulton County DA Willis should be disqualified for the trial court’s acknowledged ‘odor of mendacity’ misconduct in violation of the Georgia Rules of Professional Conduct,” Trump’s lawyer Steven Sadow said.

Willis, who admitted to a previous romantic relationship with Nathan Wade, the special prosecutor she hired to help try the case against Trump, was allowed to remain as the prosecutor after Fulton County Superior Court Judge Scott McAfee ruled in March that she did not have to be removed. Willis’ removal would most likely have spelled an end to the prosecution.

Instead, McAfee said either Willis or Wade needed to step down from the case. Wade’s leaving the case would have no effect on the continued prosecution, and within hours, he announced his resignation.

McAfee ruled that while there was no “actual conflict” unless the defense could prove Willis had direct financial benefits, “claims of an actual conflict must be denied,” the judge wrote. 

“This finding is by no means an indication that the Court condones this tremendous lapse in judgment or the unprofessional manner of the District Attorney’s testimony during the evidentiary hearing. Rather, it is the undersigned’s opinion that Georgia law does not permit the finding of an actual conflict for simply making bad choices — even repeatedly — and it is the trial court’s duty to confine itself to the relevant issues and applicable law properly brought before it,” he added.

McAfee did not, however, prohibit the defense from waiting until after the trial to file an appeal. The case continues during the appeal process.

Trump and 18 other people were charged with state racketeering counts related to the efforts to overturn the 2020 election. Four of the co-defendants pleaded guilty in agreements with the prosecutors. All of the 15 remaining co-defendants, including Trump, have pleaded not guilty.

Charlie Gile reported from Atlanta and Ginger Gibson from Washington.